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dkennedy, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6009
Experience:  Over 15 years experience
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I was served by the Justice of the Peace a citation and petition

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I was served by the Justice of the Peace a citation and petition for non payment of credit card in the amount of 8,000.00 dollars. I do owe this but I am unable to pay. The citation reads: You are commanded to appear and answer plaintiff's suit before the justice court. My question is, Is this a court ordered citation to appear before the justice court. If I do not appear will there be a default judgment taken against me? The only asset I have is a 2008 Toyota that is paid for and about 600.00 dollars in my bank account, will they be able to garnish my wages or levy money from my account if there is a judgment against me, The credit card was issued by Wells Fargo and turned over to Integras Capital Recovery LLC for recovery.

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dkennedy and 4 other Consumer Protection Law Specialists are ready to help you

You are correct that if you don 't answer or show up at court they will get a default judgment, but it sounds like you will have a judgment against you anyway because they must have proof that you owe the money, but, don't just assume that. Answer the summons and go to court. Make them show the court the original paperwork, your signature, your payments, etc. Often these "secondary" collection outfits don't have anything and they count on you not showing up. Texas, by the way is one of few states where they cannot garnish your wages, but can garnish a bank account, and harass you like all collectors do. Please follow up with any questions.

































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